Public Order (Protection of Persons and Property) Regulations 2019 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
• • • •
•
• • •
• • •
•
•
This instrument is the
Public Order (Protection of Persons and Property) Regulations 2019 .
This instrument is made under section 13H of the
Public Order (Protection of Persons and Property) Act 1971 .
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) constable;
(b) frisk search;
(c) Police Force.
In this instrument:
Act means thePublic Order (Protection of Persons and Property) Act 1971 .
authorised officer has the same meaning as in Part IIA of the Act.
identity card of an authorised officer means a card that:
(a) states that the holder of the card is an authorised officer for the purposes of Part IIA of the Act; and
(b) includes a recent photograph of the officer; and
(c) states the office held by the issuer of the card.
investigatory authority has the same meaning as in Part IIA of the Act.Note: Part IIA of the Act and Part 2 of this instrument apply only to investigatory authorities mentioned in section 6 of this instrument.
The following investigatory authorities are prescribed for the purposes of Part IIA of the Act:
(a) the Australian Criminal Intelligence Commission;
(b) the National Anti‑Corruption Commissioner.
This Division is for the purposes of subsections 13C(1) and 13D(1) of the Act.
Before exercising a power under section 13C or 13D of the Act in relation to a person, an authorised officer for an investigatory authority must, if practicable:
(a) tell the person that the officer is an authorised officer for the purposes of Part IIA of the Act; and
(b) if the officer is a constable—show the person the officer’s identification as a constable; and
(c) if the officer is not a constable—show the person the officer’s identity card.
Before conducting a frisk search of a person under section 13D of the Act, an authorised officer for an investigatory authority must, if practicable, tell the person about:
(a) the procedure for the frisk search; and
(b) the effect of subsections 13D(4), (5) and (7) of the Act.
This Division is for the purposes of section 13H of the Act, so far as that section relates to providing for the dealing with information given by a person in response to a requirement made under Part IIA of the Act.
(1) An authorised officer for an investigatory authority who obtains information under section 13C of the Act may disclose the information to a Police Force.
(2) An authorised officer for the Australian Criminal Intelligence Commission may disclose information obtained under section 13C of the Act to the Chief Executive Officer of the Commission.
(3) An authorised officer for the National Anti‑Corruption Commissioner may disclose information obtained under section 13C of the Act to the National Anti‑Corruption Commissioner.
(4) Despite subsections (1), (2) and (3), an authorised officer for an investigatory authority may disclose information under one of those subsections only if the officer reasonably believes it is necessary in the interests of security to do so.
Information obtained under section 13C of the Act may be recorded electronically.
A person who ceases to be an authorised officer for an investigatory authority and holds an identity card must give the card as soon as practicable to:
(a) the person who issued it; or
(b) if that person is unavailable—another person authorised by the investigatory authority to receive the card.
Division 3 of Part 2 applies to information given by a person in response to a requirement made under Part IIA of the Act, whether the information was given before, on or after the commencement of this instrument.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Public Order (Protection of Persons and Property) Regulations 2019 | 8 Mar 2019 (F2019L00272) | 1 Apr 2019 (s 2(1) item 1) | |
National Anti‑Corruption Commission (Consequential Amendments) Regulations 2023 | 20 June 2023 (F2023L00813) | Sch 1 (items 4–6): 1 July 2023 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 5............................................. | am F2023L00813 |
s 6............................................. | am F2023L00813 |
s 11............................................ | am F2023L00813 |
Schedule 1.................................. | rep LA s 48C |
0
0
0